Commonwealth legislation

Veterans' Entitlements (Multiple Entitlement Exclusion) Determination

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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This determination stops people from receiving two daily "energy supplements" for the same day when they are entitled under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act. If a veteran gets an energy supplement under the MRC Act for a day, they cannot also get the VE Act supplement for that day.

It mainly affects pension-holders eligible under both Acts, reduces duplicate payments to recipients, and imposes an administrative verification role on the Repatriation Commission.

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Veterans' Entitlements (Multiple Entitlement Exclusion) Determination

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Veterans’ Entitlements (Multiple Entitlement Exclusion) Determination 2024

The Repatriation Commission makes this instrument under subsection 65A(1) of the Veterans’ Entitlements Act 1986.

Dated 1 August 2024

The Seal of the

Repatriation Commission

was affixed to this instrument

in the presence of:

Alison Frame	Mark Brewer
	AM CSC and Bar
President	Acting Deputy President
Gwen Cherne	Kahlil Fegan
	DSC AM
Commissioner	Commissioner

1 Name

This instrument is the Veterans’ Entitlements (Multiple Entitlement Exclusion) Determination .

2 Commencement

This instrument commences on the day after the day it is registered.

3 Definitions

Note Some expressions used in this instrument are defined in section 5Q of the VE Act, including energy supplement and general rate.

In this instrument, unless the contrary intention appears:

MRC Act means the Military Rehabilitation and Compensation Act 2004.

VE Act means the Veterans’ Entitlements Act 1986.

4 Person not entitled to energy supplement—VE Act, s. 62A

A person is not entitled to an energy supplement under section 62A of the VE Act for a day if, for the day:

(a) the person is entitled to:

(i) receive a pension under Part II or IV of the VE Act at the general rate; and

(ii) an energy supplement under section 83A of the MRC Act; or

(b) the person is entitled to:

(i) receive a pension under Part II or IV of the VE Act at a rate other than the general rate; and

(ii) an energy supplement under section 209A of the MRC Act.

5 Person not entitled to energy supplement—VE Act, s. 62B

A person is not entitled to an energy supplement under section 62B of the VE Act for a day if the person is entitled to an energy supplement for the day under section 238A of the MRC Act.

6 Person not entitled to energy supplement—VE Act, s. 118PA

A person is not entitled to an energy supplement under section 118PA of the VE Act for a day if the person is entitled to an energy supplement for the day under:

(a) section 62B of the VE Act; or

(b) section 238A of the MRC Act.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Veterans' Entitlements (Multiple Entitlement Exclusion) Determination